The Employment Act, 2007
3 years ago
We’re embarking on a series of discussions revolving around the Employment Act.
The Act was passed on 22nd October 2007 and it came into force on 2nd June 2008.
According to the preamble, it was passed in order to: –
- Declare & define the fundamental rights of employees;
- Provide basic conditions of employment of employees;
- Regulate employment of children; and
- Provide for related matters.
The Act repealed the Employment Act, Chapter 226 which came into force on 3rd May 1976.
Nature & Importance
It’s the most important employment Act after the Constitution primarily because it defines the basic minimum terms and conditions of employment. An employer is at liberty to give and do more but giving and doing less will land an employer in trouble, sooner or later.
It basically sets the benchmark for what is acceptable in regards to terms and conditions of employment and conduct of the parties in the employment relationship.
Non-discrimination (Section 5)
It’s an offence for any employer to discriminate against an employee or prospective employee or to harass an employee or prospective employee on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, pregnancy, mental status or HIV status.
This prohibition applies to recruitment, training, promotion, terms and conditions of employment, termination of employment or other matters arising out of the employment.
It’s however not discrimination to: –
1. Take affirmative action measures consistent with the promotion of equality or the elimination of discrimination in the workplace; or
2. Distinguish, exclude or prefer any person on the basis of an inherent requirement of a job.
Equal pay for equal value
It’s a requirement for an employer to pay his employees equal remuneration for work of equal value, simply put, if we do the same job, we should get the same pay, all relevant factors remaining constant.
Next post shall be on…the Employment Contract
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